RELIANCE INDUSTRIES LTD Vs. ANAND TRADERS

JUDGEMENT

(1.) THIS petition has been filed by the petitioner herein challenging the order passed by the Assistant Registrar of Trade Marks dated 4-9-1990 seeking a direction that the same be set aside; that the opposition No. BOM-6003 be allowed and the application No. 367908 filed by Respondents Nos. 1 and 4 be dismissed and rejected. The petitioners have also prayed for certain ad-interim reliefs pending the hearing and final disposal of the petition.

(2.) BRIEF facts pertaining to the cause of the cause of action in the petition are stated as under :

(3.) ACCORDING to the Petitioners, their trade mark consisted of a shaded oval with a five letter word "vimal" written within the oval in such a manner that the middle letter 'm' is in bold and large size and two letters before and after the letter 'm' are smaller and they slope pyramidally. The words "a RELIANCE PRODUCT" are written in a curved line below the word "vimal" in a semicircular style at the lower part of the oval. According to the petitioners, their trade mark "vimal" and the representation being on original artistic work has been registered under the Copyright Act, 1957.